### www.airspeed.us.com

May28, 2010 Mr. Franklin Tlagsing, Manager FAAAirframe &Cabin Safety Branch Transport Aircraft Directorate 1601 Lind Ave SW Renton, WA 98057-3356
Dear Mr. T1agsing, This letter is in response to your letter dated April 20, 2010 in reference to The leading Edge Group, lLC's (LEG), petition for exemption regarding auxiliary fuel system installations in various airplanes. A list of requested exemptions isattached in Addendum Aof this letter. The list isreformatted per instructions in your letter to consolidate several 5TC and aircraft types. lEG/AirSpeed has Petitioned FAAfor relief by Exemption from 14CFRPart26, section §26.47(c) and (e)(2), and §26.49 for the STCspresented in Addendum A. All of these aircraft are private executive or head of state (HOS) of state aircraft with an executive interior configuration. Pleasefind attachments to include ADDENDUM Aconceming your request to clarify a matrix of

### SICs and airframe Serial Numbers (SNs) outfitted with an auxiliary fuel system (AFS) design and 

### SIC installation formerly held by PATSAircraft, LLC.of Georgetown, Delaware. Regarding the MSFR, 14CFR§121.109 and §129.109 states that, after December 20,2010, acertificate holder operating under Parts 121 and 129, respectively, may not operate an airplane unless:

n ••• the certificate holder's maintenance program for the airplane indudes FAA-approved damage tolerance inspections (on) and procedures for airplane structure susceptibje to fatigue cracking that could contribute to catastrophic failure and a means for addressing the adverse repairs, alterations, and modifications may have on fatigue critical structure and on damage tolerance inspections." Herein, we address your questions from the April 20, 2010, with responses in accordance with 14CFR §11.81 to include ADDENDUM Basa summary, to be placed in the Public Register. If you require further clarification or, ifthere isan error in LEG/ASE records regarding the SNsimpacted in ADDENDUM A, please contact ASEfor additional coordination.
1. Reasons Why granting your request would be in the public interest. Application of the Aging Aircraft Safety Final Rule (MSFR) isrequired of auxiliary fuel system equipped aircraft operating in 14CFR121 and 129 (or EASA)commercial flight operations. LEG/AirSpeed observes three (3) discussion points of public interest:

1. All aircraft are privately owned with executive interior which would require extensive modification to use in commercial flight operations. The auxiliary fuel system installations consist of multiple auxiliary fuel tanks installed in the cargo compartments which does not allow for cargo space and capacity required for commerdal operations. In order to convertBhonsale to Tiagsing

FAR26 Compliance 

### May28,2010 AirSpeed Engineering, LLC

any of the aircraft with auxiliary fuel system in to acommercial aircraft will require removal of the auxiliary fuel system and reconfigure the cargo compartments to beable to carry cargo. This would require a major modification to the aircraft configuration and require recertification of the aircraft. The AASFRrequirements can beaddressed at the time of such a modification on acase bycase basis. An exemption with acontingency plan for compliance to FAR26.47 and 49 would be in public interest since itwould avoid undue burden to the public and would be more cost effective. for an example, LEG/AirSpeed is currently developing a B737-300 Tanks-OUT de-modification with SN 27924 returning from VIP to EASAcommercial service. ASEpreviously had listed this STCin a matrix for Exemption, given the interior configuration. ASE'sactive 

### OlE/on contingency plannina is underway with NYACO,asthe PATStank is removed and, this airframe converts from VIP to "sports charter" LOPA.


### OTHERWISE Engineering data submitted by the Design Approval Holder (DAH) expends FAAtime and engineering resources that would not be required (nor requested) byan Operator. Given aitframe age, DTE/ DTI has limited value for other foreign or USGovernment applications. FAAengineering time budgeted for engineering (NRE) reviews isan unnecessary taxpayer expense affixed to FAA'sbudget. LEG/ASE condudes FM resources expended under these circumstances would not be in the public's best interest.



### 2. ReasonsWhygranting thisexemption would notadversely affect safety, or howthe exemption would provide alevel ofsafety at leastequal tothat provided bythe rulefrom which you seekthe exemption.
Air safety would not be adversely impacted given the "case-by-case" contingency planning for MSFR compliance active by the STCholder, asdescribed in Question #1. If a given airframe does not re-enter UScommercial service, the impact on safety is moot and the specific level of safety realized isacceptable. The qualification of AASFRresponsibilities also has relevant economic barriers. To re-enter commercial service for example, an aging aircraft converted to aVIP configuration and returning to FAR 121 or 129 charter service has limited competitive business opportunities based on engine 

### Iairframe efficiencies.

1. STCs held by LEG/AirSpeed are installed on relatively ineffident airframes when compared to 8737-700 & 800 (BBJ designs) presently-offered as charter-lift in a competitive VIP commercial market. Compelling business opportunities are Ilmited and risky for VIP charter flying with an aging airframe in FAR 121 or 129.
2. Converting an aging aircraft: back to ~hj-denslty~ or ftsports charter" LOPAbecomes an excessive cost that cnn be mltigared by purchaSing a newer more fuel efficient aircraft. Many SNsare readily available and presently-configured for commerdal applications. In tt1iscase, the business opportunities further decrease given increased modification costs and amortization of efficiendes over the lifetime of the airframe changes.
3. In "high-utilization" LOPAservice, operating a 8727 or ineffiCient 8737 iscost-prohibitive in today's highly competitive airline marketplace. Further, baggage space requirements for hi-density seating would require the AFSto be removed and FAR26 NREcan be developed at that time, if at all cost-effective. The abundance of commercial airframes, currently configured for variouS passenger LOPAs, can be acquired as better values. 3425C.:mi/onPoint Kirkbn4 WJshmgton98033 Main(425) 5"/6--4050 2Bhonsale to TIagsing

FAR26 Compliance May28, 2010 AirSpeed Engineering, lLC.

ASE'sContingency Planning for 

### DTE/DTI allows agiven SNto be properly inspected and modifications documented that may have become changes or overlays to the original PATSdesign. FAAstates a plan for, \\

... fatigue cracking that could contribute to catastrophic failure and a means for addressing the adverse repairs, alterations, and modifications," are best reviewed bySN survey. All modifications can be integrated with D1£/DTI safety planning under the AASFR, given proper airframe access and disclosure.



### 3. Provideabrief description ofthe nature ofthe Exemption.
To summarize the Exemption proposal, The Leading Edge Group, LLCdba AirSpeed Engineering, has submitted a Petition for Exemption (PIE) by matrix to FAAunder 14CFR§11.38 in relief of Sections §26.47(c) and (e)(2), and §26.49 for the attached ADDENDUM A STCgroupings of aging aircraft SNs. FAArelief from Sections §26.47(c) and (e)(2), and §26.49 on the attached ADDENDUM ASTCgroupings of aging aircraft SNs, isrequested for USand foreign registries. Even though agiven foreign entity may not request or use NREdeveloped for the AA5FR, the case-by--case NREsolutions for 01£ 

### I

# on are offered to LEGlpats AFSinstallations by SN, irrespective of the airframe's state of registry. ASE& FAAamtingency plans, economic barriers to re-enter commercial service, efficient useof FAA resources and restricted airframe access to sUivey, lead the compelling factors for the Exemption request and the attached ADDENDUM A Matrix (and ADDENDUM BSummary). Any Questions or concems in this matter can be addressed to Shekhar Bhonsale at (443) 4744245 or via email shekharb@cae~i.com. 

### Sincerely, ~ 

# a/JJ~tnllvA2"
Shekhar Bhonsale Management / Structures DER AirSpeed ®

3425C:Jf-;//orl Point Kkk/ani Washington98033 Main(425) 576-4030 3

# /~LI-SU



# ~~ri, E www.airspeed.us.com 

### ADDENDUM A AASFR FAR 26 Compliance

ASElOO528-A

Aircraft Type FAADocket No. Date STC No. Aircraft 

### 5TC Submitted 5/N Configuration 

### 737-200 FAA-2010-0349 3/25/2010 $AIQ78NE 

### 22600 Single 

### 737-200 FAA-2010-0421 

### 4/14/2010 SA1265NE 21206 Single 

### 18326 1 727-100 3/25/2010 18800

FAA-2010-0344 1 727-200 5A387NE 22044 1 727-200 FAA-201Q-0345 3/22/2010 22043 1 727-100 FAA-201Q-0422 4/14/2010 5A392NE 20489 3

FAA-201Q-0334 3/25/2010 5A450NE 21946 1 21113 4 20641 5 21068 21474 9 21595 7 727-200 FAA-2010-Q337 

### 3/25/2010 $A496NE 

### 21824 2 21948 1 22359 3 22430 6 22536 8 22537 8 18323 1 3/25/2010 18752 1 727-100 FAA-2010-0338 5A530NE 18933 3 19252 1 FAA·2010-0419 

### 4/14/2010 $A542NE 

### 27924 Single PART 26 

### 26293 7 737-300 compliance. 

### 26301 7

Certification 

### TBO 5A553NE 28658 7 PlanTBD 

### 28660 7 IB990 1 19148 1 19620 1 19261 1 727-100 FAA-2010-0330 3/25/2010 5A62NE 19262 1 19318 2 

# I 19394 1 19535 1 20046 1

### ADDENDUM A www.airspeed.us.com AA$FRFAR26 Compliance ASE100528-A

AircraftType FAADocket No. Date STCNo. Aircraft 

### ST( Submitted 

### SIN Configuration 

### 737-400 FAA-2010-0332 3/25/2010 SA725NE 

### 27096 4 737-200 FAA-2010-0420 

### 4/14/2010 22431 Single SA83NE 

### 22628 Single 

### 727-200 FAA-2010-0341 

### 3/25/2010 SA84NE 21460 Single 

### 0(-8-62 FAA-2010-0309 3/25/2010 5A936NE 46071 Single 

### 737-500 FAA-2010-0351 3/25/2010 ST0040NY 24970 1 19254 1 727-100 FAA·2010-o352 

### 3/25/2010 5T00466NY 20327 3 47428 (-9/D(-9 FAA-201 0-0335 

### 3/25/2010 47496 

### 5T00605NY Single



### 47545 47565 

### B737-500 FAA·2010-D331 3/25/2010 ST01337NY-D 28866 

### 2

3425On/Ion Point Kirk/~nd Y\~shington98033 Mil} (425) ~76-4050www.airspeed.us.com

May 28, 2010 Re: Submittal to Federal Register Petition for Exemption, Aging Aircraft Safety Anal Rule (AASFR) STC

### &airframe SN matrix contained in Addendum A. 

### ADDENDUM B AASFRFAR26 CDmpliance

ASE 100528-8

The Leading Edge Group, LlC dba AirSpeed Engineering, submits to FAA'sTransp)rt Aircraft Directorate this Petition for Exemption (PIE) under 14CFR§11.38 for relief from the Code of Federal Regulations (CFR)Title 14; Sections §26.43, §26.45, §26.47 and §26.49 to include the Aging Aircraft Safety Rnal Rule (AASFR). 

### The attached ADDENDUMASupplemental Type Certificate (STC) matrix 

### includes airframe 

### SNs that are unlikely to return to commercial air service under Federal AviatJon Administration (FAA) Flight Operations 14CFR§121 or §129 Of, European Aviation Safety Agency (EASA) standards given age, derelict status, parted-out or non-standard / alternate useof agiven airframe. Given the age of each airframe and known economic ineffidencies, current cabin LOPA configuration and various modifications made to the critical structure of the airframe, to include the installation of PATSauxiliary fuel systems (AFS), the current STCholder of the AFS has determined an efficient and proactive method for compliance to the rule. The STCholder petitions FAAfor a matrix exemption. In the event any SN returns to actJve FAR 121 or 129 (or EASA)service, the STCholder provides Operator engineering services to accommodate the AASFRon acase-by-case basis for the auxiliary fuel system (AFS) installation, irrespective of the airframe's state of registry. Costs to evaluate speculative fatigue cracking of airframes not returning to commercial service or modified bythird-party alteration would not be an efficient use of FAA(or DAH) engineering resources nor, taxpayer funding. Since agiven SN may transfer backto USregistry, FAArelief from Sections §26.43, §26.45, §26.47 and §26.49 from the attached ADDENDUM A STCand SNgroupings, is requested for US and foreign SN registries. Forfurther information please visit www.airsoeed.us.comorcontactGeorgeTolyat425/577- 8752. Ted Santos can be reached at 843/756-6193, or Karl 5euring at 206/669-8000. The Leading Edge Group, LLCcan be reached in Kirkland, Washington (USA) at 425/576-4030.

34250n//on PO/I)r Kitk!.w4 WlsJJingron 98035 (425) 576-4D.{0 1I'!.,!in